Dáil Éireann Debate, Thursday - 21 January 2021
296. Deputy Cian O'Callaghan asked the Minister for Justice if her attention has been drawn to the fact that single parents in receipt of the housing assistance payment and the one-parent family payment are not entitled to free legal aid; the steps she is taking to address same; and if she will make a statement on the matter. [3118/21]
Amharc ar fhreagraThe Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
In relation to the specific matters raised by the Deputy, I have had enquiries made with the Legal Aid Board. I wish firstly to clarify one aspect. With the exception of a very small number of more vulnerable cases (such as those relating to domestic violence, childcare, or being supported under the Abhaile scheme), clients generally pay a contribution for legal advice and a further contribution if they require representation in court. The requirement to pay such a contribution is set out in the Civil Legal Aid Regulations 1996 – 2017.
In terms of the financial eligibility of applicants to the Legal Aid Board, applicants for legal aid are required to meet the criteria under section 29 of the Act and the relevant Regulations. This provides that their disposable income (less certain allowances) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000.
The Regulations make detailed provision for what is to be taken into account as income. In particular, Regulation 13(8) provides that "“income", in relation to an applicant, means the income which he or she may reasonably expect to receive from all sources…” The effect of Regulation 13(8) is effectively that all income an applicant receives from whatever source must be taken into account unless it is specifically excluded. As the Deputy will appreciate, the relevant criteria and regulations will apply to all applications made to the Board in the independent exercise of its functions and not all applicants will be of equal means.
It is also important to note that applicants are entitled to seek an internal review of a decision by the Legal Aid Board within one month of the date of the decision and to submit further information in support of such a review. They are also entitled to appeal the matter to an appeal committee consisting of non-executive members of the Legal Aid Board.
While it is recognised that there are enormous and competing demands being made on the legal aid scheme, under Budget 2021, I have secured an increased provision of over €2 million for the Legal Aid Board bringing its total funding to €44.6 million for this year representing a 6% increase. At the same time, I have also asked my Department to conduct a comprehensive review of the current civil legal aid scheme in order that current issues, such as those raised by the Deputy, can be taken into account. This will include, specifically, the status of income such as the Housing Assistance Payment in the making of applications for legal aid which is a matter of current consideration by my Department.
